Debt validation letter: Sample letter to dispute your debt

Submitted by Laura on Thu, 11/29/2007 - 04:48
Forums
Credit repair

What is debt validation?

Debt validation is the debtor's right to ask for validation of a debt a creditor claims he owes. A letter requesting validation of the debt should be sent to the creditor or the collection agency, if they claim that you owe the debt, either by sending a collection letter or by reporting the debt on your credit report.

Debt validation letters (DV letters) should always be sent by certified mail requesting a return receipt or faxed, so that you have proof that you have asked for the debt to be validated if the creditor fails to validate the debt. When you ask for debt validation from a debt collector, they need to provide you with a copy of the original signed contract between you and the original creditor and the account statement showing your outstanding debt. In addition to these two documents, the collection agency must provide you with proof that they have been given the right to collect the debt by the original creditor, or they have purchased the debt from the original creditor.

On receiving the debt validation letter, the creditor or the collection agency must provide you with proper validation within a few days from the date they receive your DV letter. If they fail to validate the debt within this period, then you are no longer liable to pay the debt under the Fair Debt Collection Practices Act.

Here is a sample debt validation letter which will help you to ask for debt validation.

Your Name
Your Address

Name of CA
Address of CA
Date:

Re: Your Account No:

Dear Sir/Madam,

I checked a copy of my credit report and realized that there was a collection reported from your agency, which I was not notified about. I do not reject to provide with the debt amount. However, this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b), that your claim is disputed and a validation is demanded. This is asking for proof regarding the debt that I owe and verifying it.
I am requesting you to stop all collection activities including reporting this information on my credit report. I am sure that you are aware of the fact that non-compliance with this request may end up in legal obligations.

Please dispatch copies of the following with your reply:

1. The agreement which authorizes you to collect debt on the assumed debt.
2. The signed agreement from the debtor confirming to pay the debt.
3. The documents regarding the payments made on this account and validation of the amount.

With regards,

Your Signature
Your Name

Hope this helps :)

Aaron

Hi Guest1:

If this item is going to fall off in three months, then you can let it expire. However, I don't understand how can a negative item fall off within 3 months. Can you tell me what kind of account is it?

Guest 2:

The Statute of Limitations (SOL) of the state where you had incurred the debt will apply. Though you have moved from Washington to Oregon, the SOL of Washington will apply. Now, can you tell me what kind of debt is this? Is it a credit card, or a medical debt? The type of account or agreement will depend on the type of your debt.

Thanks,

Aaron

Wed, 06/16/2010 - 10:40 Permalink
john123

I recently obtained a copy of my credit report from your agency and found the following item to be in error:

Item 1: I dispute ABC credit card account number 555111. This account has been paid in full.

I am requesting that the item be (removed, updated, or other suggested change) to correct the information.

Enclosed are copies of (use this statement if you have bank statements, cancelled checks, or other documentation) supporting my position. Please reinvestigate this (these) matter(s) and (delete or correct) the disputed item(s) as soon as possible.
___________
Free Web Directory | Seo Services | Website Design Company

Mon, 06/21/2010 - 11:25 Permalink
vfsalinas05

where should i send my letters asking for the debt to be validated? what letters should the credit bureaus receive from me?

Fri, 06/25/2010 - 00:43 Permalink
davidhector_20… (not verified)

The server drops a summons on your porch (with a date of May 5/7/10 as the serve date), the actual date they brought it was today 6/26/10 - they give you 21 days, and it's over 50 days past the serve date when they deliver it. All of the numbers are extremely over stated and the debt is over 9 years old (and not validated) what should i do.

Sat, 06/26/2010 - 17:11 Permalink
vfsalinas05

thats a hard situation...I would bring it up with the court and inform them that the date you received it and the date on it were not the same...if you have any proof that would be helpful but i'm thinking you probably don't...i would also look in to the SOL and any other options...

Sun, 06/27/2010 - 19:41 Permalink
vfsalinas05

I am trying to figure out a way to get medical bills that went to collections removed from my credit...They were paid through my insurance eventually, would I send debt validation letters to the collection agency? or should i try goodwill deletion letters? Could i just dispute them with the credit bureaus? my main blemish on my credit report is already being taken care of but I just want to take care of all these little things to boost my score even more....any suggestions or advice?

Thu, 07/01/2010 - 02:34 Permalink
vfsalinas05

I started receiving collection letters from an agency with tmobile saying I owe almost 400 dollars. I dont believe I owe that much because the phone I had with tmobile was a prepaid phone and the service was terrible and inconsistent...I am thinking about sending DV letters for that one because I seriously dispute it...good luck and let me know what happens with your case...= )

Mon, 07/05/2010 - 02:24 Permalink
Barbara_Elena (not verified)

Hi vsalinas05,

Yes, sending a debt validation letter, to your mobile company is a good idea but try to send it fast before 30 days. As you have 30-day validation period to dispute the mobile bill in question.

Fri, 07/09/2010 - 13:30 Permalink
shellshell

I to have reeceived a summons from these attorneys. I responed to the summons. I then requested from these attorneys documents/contracts that I signed with them and all original payment history. I have not heard them in several months. I do not have a court date yet, neither an attorney to repersent me. However, I do know that these attorneys are (JDB) Junk Debt buyers. I am positive that they bought this bed debt from a credit card company for pennies, and are now trying to get the full amount from me. Not with out a fight. I've read an attorney's note stating: (You have a credit account and are extended credit. You certainly owe the original creditor something at that point. Once you go into default, you still “owe the money” to that creditor. I believe, however, that if they sell the account, then you no longer “owe the money” because they have received adequate compensation for you default. When they sell your account they are saying that they no longer want to deal with you and they would like to be compensated for the default. Collection Agency X comes along and gives the original creditor money for your account. At that point, the original creditor is out of the picture. They have received what they deemed to be adequate and fair compensation for your default. They would not have sold it otherwise, right? So if the original creditor is adequately compensated, then you no longer “owe the money”)

Going to Court 07/20/2010 for Discovery JDB attorneys. I will let everyone know the out come.

Sun, 07/18/2010 - 23:27 Permalink
BG (not verified)

On the answer to summons -- should I actually admit to owning the debt and the amount since I haven't received my debt validation back yet? How do I state that? "Defendant is without sufficient knowledge or information at this time to admit or deny, pending receipt of complete debt validation".... would this do?

Tue, 07/20/2010 - 16:52 Permalink
Aaron

Hi BG,

If you owe the debt, then you can admit to owning the debt. However, you have mentioned

since I haven't received my debt validation back yet

So can you tell if you had sent any debt validation letter? Is it a collection agnecy at all, or the original creditor suing you? For answering the summons properly, you can take help from the court clerk or an attorney.

Thanks,

Aaron

Tue, 07/27/2010 - 11:14 Permalink
Eddie (not verified)

I was sued in 2007 and a judgment was given. In Oct 2005 I was put out of work with major medical problems.I had 2 neurological test which shows I have memory issues. I dont retain anything I read and forget a lot. Is there any way I can fight this the lawter who was handling this knew I was out of work and told me that if I didnt pay he would sue. The origional amt was about 6500 and lawyer fees and is now 19000. How is this possible

Tue, 07/27/2010 - 21:35 Permalink
Aaron

Hi Eddie,

I think it is best to discuss this with a lawyer. This is quite a complicated issue.

Thanks,

Aaron

Wed, 07/28/2010 - 09:13 Permalink
barbj (not verified)

I need a sample of a debt dispute letter to send to an attorney on behalf aof a collection agency. They filed a summons in court but not once did the CA send me a letter.

Fri, 07/30/2010 - 17:56 Permalink
Aaron

Hi Jase,

The Statute of Limitations on a verbal or oral contract in Washington State is 3 years.

Thanks,

Aaron

Mon, 08/02/2010 - 11:37 Permalink
Helpfull.. (not verified)

I recieved a summons from a company stating they were going to sue me for an old debt. I hadn't recieved anything from them prior to this. I Responded as such to the summons and attached a copy of a debt validation letter I had sent to them. I sent it signature required certified mail so i could make sure they recieved it. Two days after recieving that letter, they sent me court papers showing a settlement offer. I went to a lawyer with everthing and beat them to the tune of $1,500. :) DOCUMENT EVERYTHING. Every phone call and what was said.

Wed, 08/04/2010 - 23:21 Permalink
Thenders (not verified)

I have made an agreement with Pressler and Pressler of 300.00 a month to pay them direct so that they wouldn't garnish my wages.
I have been paying them in accordance with my agreement.
However there are months where trying to get the 300.00 - is a lot for me. Im working two jobs.
My question is if there is a time that I cant afford to pay the 300.00 as agreed, is it automatically considered a default and then they will be able to garnish my wages?
Please advise any assitance would be appreciated at this time due to my lack of education on the subject matter I feel I am being taken advantage of

Tue, 08/10/2010 - 17:39 Permalink
Aaron

Hi Helpfull:

Good that you succeeded in stopping the company from actually suing you.

Thenders:

If the payment agreement with Pressler and Pressler mentions that they may garnish your account in case you default on your payments again, then they may be able to garnish your wage.

Thanks,

Aaron

Wed, 08/11/2010 - 10:34 Permalink
Marie (not verified)

I had a capital one loan that went to "charge off" and I was contacted by a collection agency "John P. Frye". I've been making monthly payments to this company for over a year now and noticed that the collection agency is not on my credit report. How can I be assured that I should still pay them? Or do I even need to pay them anymore since it's not on my credit report?

Wed, 08/11/2010 - 21:16 Permalink
Aaron

Hi Marie,

You should have validated this debt before making the payments. It is also better to check the credit report, and inquire about the collection agency with the original creditor before making the payments.

Now you should talk to the original creditor about this? Also check the status of this account on your credit report. If you find that this collection agency is just a scam file complaints with the State's Attorney General, and the Federal Trade Commission.

Thanks,

Aaron

Thu, 08/12/2010 - 11:59 Permalink
johnnycash (not verified)

i sent out a dv letter a good one from here to a ca I got a respond back but the only thing they sent me was a copy of the account information for my review pretty much a copy of a statement from adelphia which its now timewarner and a stamp on the papper saying federal law requires us to inform you that this is an attempt to collect a debt by a professional debt collection company, and any information obtained will be used for that purpose. so if someone can please help me what would be my next move they did not provide me with the inportant things i asked for insted i get a copy of the account statement

Tue, 08/17/2010 - 01:20 Permalink
Aaron

Hi johnnycash,

You can send them a follow up debt validation letter through certified mail, requesting a return receipt. If they fail to validate the debt properly this time too directly dispute this item with thew credit bureaus.

Hope this helps.

Regards,

Aaron

Tue, 08/17/2010 - 07:48 Permalink
teal (not verified)

Within five days of its first communication to you, the debt collector is responsible for sending you a debt validation notice. This notice should be in writing letter letting you know you have the right to dispute the validity of the debt within 30 days. The FDCPA allows the collector to include the debt validation notice in the initial communication.

Thu, 08/19/2010 - 11:06 Permalink
JB (not verified)

Can a spouse request validation for his wife? Fantastic site!

Thu, 08/19/2010 - 23:15 Permalink
Aaron

Hi JB,

I think you will have to transfer the power of attorney to your spouse for this.

Thanks,

Aaron

Fri, 08/20/2010 - 09:44 Permalink
dreams

I read where some of you got your cases dismissed in court because validation of debt was not proved. I was taken to court to confirm an arbitration where I had asked multiple times for debt validation. In court, I asked, again, for validation. Gamache & Myers stated that they didn't have it & had no paperwork at all. This is a supposed acct, that i paid off, from 1999 & was sued in 2009. Just found out today, online & I have NOT received any paperwork, where the judge awarded them the money in Dec. 2009.
I am now trying to see if I can appeal.
Anyone help?

Fri, 08/20/2010 - 16:34 Permalink
Aaron

Hi dreams,

Welcome to this community :)

I am afraid nobody in this forum can help you in this problem. You will have to discuss this with an attorney.

Thanks,

Aaron

Mon, 08/23/2010 - 10:14 Permalink
JPerry

My wife has a CA trynig to sue her for a debt that we got removed from her report. She has responded to the summons and denied the debt as her's. The court date is the 1st of Sept. and in the paperwork sent by the court as evidence of from the CA, none contained a signed contract...just a printed bank statement and a copy of their purchase of the debt. How should she handle this in court?

Mon, 08/23/2010 - 15:20 Permalink
Aaron

Hi Jperry,

copy of their purchase of the debt

But this is validation proof. If there's the proof that the CA has bought the debt from the creditor then this proves that the debt is valid, and you will have to pay them. I think it is better to consult an attorney regarding such court matters.

Thanks,

Aaron

Tue, 08/24/2010 - 08:02 Permalink
Ding (not verified)

a guy came to my house and gave me my summon letter and I didn't sign any papers on this date August 25, 2010 and i later notice the summon was file July 30 2010. It said I have 20 days to respond. its been a week already, am I already late to respond. can someone help what to do or how to write the letter.

Sun, 08/29/2010 - 16:07 Permalink
Aaron

Hi,

I think you will have to consult a lawyer regarding this.

Thanks,

Aaron

Mon, 08/30/2010 - 12:07 Permalink
Tyler (not verified)

I have sent out 6 DV letters over a month ago. Registered Mail with Return Receipts and I never received anything back. What would you suggest the next step to be? A follow up letter / Dispute with agency? Thanks in advance for the help!

Tue, 08/31/2010 - 21:41 Permalink
Aaron

Hi Tyler,

I think you can send follow up letters to the collection agencies. If you do not receive any answers this time too, dispute these debts with the credit bureaus.

Thanks,

Aaron

Wed, 09/01/2010 - 11:26 Permalink
pab4103 (not verified)

i have some debt showing on credit report that is over 10 yrs old. these debt collections companies keep buying the debt and changing the account #by one digit or the amounts. how can i get them to delete this from my report? any help accepted

Fri, 09/03/2010 - 03:32 Permalink
vfsalinas05

Hi pab4103,

The same thing happened with my student loan accounts, it would be listed twice and there would be a number difference in the account number and balance. This was very confusing, but I made arrangements with my studen loan collection agency and they worked out a student loan rehab program and I managed to get it removed from my credit and this really helped me boost my score. It may take a lot of phone calls and persistence on our part but it is in our best interest to do it for our credit reports.

Good luck!

Sun, 09/05/2010 - 17:17 Permalink
Claudia9885 (not verified)

Im trying to send a validation letter to a collection agency whose been reporting on my credit reports. The agencies never sent me any notification that they even have the debt. Is that fair? And if not, should I send a validation letter?

Tue, 09/14/2010 - 20:54 Permalink
Aaron

Hi Claudia,

This can happen. However, you should send the collection agency a debt validation letter through certified mail, requesting a return receipt.

Thanks,

Aaron

Wed, 09/15/2010 - 12:49 Permalink
John1195 (not verified)

I sent a Debt Validation Letter to a creditor, LVNV FUNDING LLC., to the address that was listed on my credit report:
PO Box 740281
Houston, TX 77274

I sent it by certified mail with return receipt. I got the letter returned to me because that address is no longer valid. I can't seem to find a current address for them. There are lots of them out there, but how do I know which one is real?

Tue, 10/05/2010 - 00:49 Permalink
mika2010

Ti OWN LIKE 3000 THOUSANDS DOLLAR,THEY TOLD ME IFI PAY THE FULL IN 20 DAYS THEY WILL ERASE THEIR NAME IN MY CREDIT. THEY DO NOT WANT TO ACCEPT VALIDATION LETTER.THEY WILL FAX ME AFTER THEY RECEIVE THE PAYMENT.WHAT SHOULD I DO?PLEASE,HELP ME
I'M A 23 YEAR OLD TRYING TO MAINTAIN GOOD CREDIT

Fri, 10/15/2010 - 17:22 Permalink
JPerry

I have a CA calling me called CRA and I have never received any bill from them via mail service. Should I call them to find out what this is about or let it be? They somehow got my wife's number and now call her phone looking for me.

Thu, 10/21/2010 - 15:51 Permalink
Rebecca Long (not verified)

Some man came o my door at 9:45 p.m. tonight to serve me with court papers. It is a summon. It says I have 20 days to respond but the date they filed the summon is september 15, 2010. today is Ocotber 22, 2010. How was I supposed to respond in 20 days? Also...what is my next step...

Sat, 10/23/2010 - 05:10 Permalink
patsy (not verified)

I just discovered my checking account has been garnished. Every last penney plus 1745.07 more than I have. As a resut my electric and phone bill payment defaulted. This racketeering co went to court without serving me notice filed and received a judgement and then a garnishment. The original debt was to capital one and paid in full to the crooks in Oct 2008. The new amount is for God knows what and went from 851. to 2756. from july when they filed according to court records to the amount they have taken. Help

Thu, 10/28/2010 - 13:26 Permalink
happyjoy (not verified)

hi I actually had the same thing happen to me. I got a judgement that i didn't pay attention too because i was young and dum. Then i got this letter stating they were going to garnish my wages, so i went to court to object to the garnishment, They wanted 10% of my wages i had to explain to the court why that would be a hardship on me and the judge did agree with me, now the only thing the court can do is lower the percentage once you have the judgement the collection company has the right to garnish your wages and go into your bank account and clear you out the get there money. SO you do have to not only object to the wage garnishment but you have to object to the bank levy. The court did agree with me that it was economic hardship and did lower the percentage to 5% but then a month later i got a letter again stating that they were going to garnish my wages again so i had to go back to court, I found out that in New Jersey they can keep sending you back to court to get the amount they want. Needless to say I went back to court for 6 months fighting the percentage and every time the judge agreed with me(thank god cause that did not happen in all the other cases i saw). So now i am waiting for the next letter to come in the mail when they want me to go back to court and i have tried to set up a payment plan but since they have a judgement they want all the money now and they don't want to wait since they can legally get it.

Fri, 10/29/2010 - 23:51 Permalink
Jeffrey (not verified)

I recently received a letter from Collectcorp and worked out a payment plan and began paying. I had asked for my original application with AMEX which they did not provide.

This is a CORPORATE debt and they are going against me personally. Can I file a motion for summary judgment based on the fact that they are going after me and should be going after the corporation?

Sat, 10/30/2010 - 18:34 Permalink
guest87 (not verified)

I have a ca telling me I owe for past rent from a place that i lived in 2005. When i ran my credit to buy a car in 2007 there was nothing on there. In 2009 when i went to buy a house my credit report came up with a collections of over $2000 from an apartment complex. The bank gave me the loan anyways and I am now living in my house but I don't want it on my credit. I'm confused as to why I owe this money. I turned in my key and signed a paper saying that I no longer lived there. I don't want to be taken to court. I really want to take care of it before I get my wages garnished. What is the best way to go about this?

Fri, 11/12/2010 - 23:27 Permalink
unknown74

I ENROLLED IN A DEBT SETTLEMENT CO. AND HAD ALL MY CARDS IN THE PROGRAM. 6 months later I found out that thet didn't include my wife's card in the program. Here I am dealing with this collection company in the name of Frederick j. Hanna. and associates. There people have been calling us of the hook. I finally speak to this guy who tells me that they do not deal with settlement company;s and said he going to send papers to us to sue us in court.

Sat, 11/13/2010 - 01:08 Permalink